- Download the Part X guide
- Terms used in this guide
- Does Part X of the CYFSA apply to you?
- Collection, use, and disclosure of personal information
- Consent and capacity
- Elements of consent
- Consent may be implied in some cases
- Consent may be written or verbal
- Presumption of consent’s validity
- Conditional consent and withdrawal of consent
- Capacity to consent
- Substitute decision-makers
- Safeguarding and managing personal information
- Access to records of personal information
- Individual’s right of access
- Access exceptions
- Is the record dedicated primarily to the provision of service to the individual?
- How are access requests made?
- Service provider’s response to access requests
- Substitute decision-makers can request access
- Correction of records
- Offences and immunity
- The role of the Information and Privacy Commissioner
Considerations for substitute decision-makers
When a substitute decision-maker gives, withholds or withdraws consent or provides an instruction on behalf of an individual, they must consider:
- the wishes, values and beliefs they know, or believe, the individual holds or would want reflected in decisions about their personal information81
- if the benefits of the collection, use or disclosure outweigh the risk of any negative consequences
- if the purpose of the collection, use or disclosure can be otherwise achieved
- if the collection, use or disclosure is required to satisfy a legal obligation
81. CYFSA, s. 302(1). If the individual is capable, this refers to the wishes, values and beliefs the substitute decision–maker knows the individual holds and believes would want reflected in decisions about their personal information. If the individual is incapable or deceased, this refers to the wishes, values and beliefs they know the individual held when capable or alive, and believe would want reflected in decisions about that individual’s personal information.
This post is also available in: French